David Appuhamy Et Al V. The King

[COURT OF CRIMINAL APPEAL]

1952 Present: Nagalingam S.P.J., Gratiaen J. and de Silva J.

DAVID APPUHAMY et al, appellants, and THE KING,
Respondent

Appeals 80-81 with Applications 120-121

S. C. 29-M. C. Deniyaya, C 397

Penal Code, s. 294, Exception 1-Meaning of grave provocation-Test of gravity- Test of loss of self-control.

In regard to the mitigatory plea of grave and sudden provocation under Exception 1 to Section 294 of the Penal Code-

Held (by the majority of the Court), (i) that the test to be applied to determine whether a particular provocation is grave or not is to determine the extent to which passions are roused, and if intense passion or deep resentment is the result of the given provocation, it would then be grave.

(ii) that whether, in the opinion of the Jury, the provocation is grave or not should be considered in relation to the ordinary man of the class to which the accused belongs and not in relation to the particular accused.

(iii) that in regard to the question whether or not the accused was deprived of the power of self-control the peculiar susceptibilities of the particular accused must be taken into

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